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Approved Minutes, October 9, 2008
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, October 9, 2008, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Chairperson Kevin Cornacchio, Rebecca Christie, Michael Blier, Keith Glidden, Amy Hamilton, David Pabich
Members Absent: 
Others Present: Carey Duques, Conservation Agent
Recorder:       Andrea Bray


Chairperson Cornacchio calls the meeting to order.

1.  Approval of Minutes – September 25, 2008 Meeting

Voting members are Cornacchio, Blier, Glidden, Hamilton, and Pabich.

The members review the minutes and make suggestions for amendments.

Glidden:        Motion to approve the minutes as amended, seconded by Pabich.  Passes 5-0.

2.  Continuation of a Public Hearing – Notice of Intent DEP #64-479 – US Coast Guard, Civil Engineering Unit, Providence, RI

Pabich: Motion to continue this hearing until October 23, 2008, seconded by Glidden.  Passes 6-0.

Cornacchio continues this issue until October 23, 1008.

3.  Continuation of a Public Hearing – Notice of Intent – DEP #64-483 - Rich Brennan, 419 Lafayette Street, Salem, MA 01970

Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the repair of an existing seawall located along a Coastal Bank and on Land Subject to Coastal Storm Flowage at 419 Lafayette Street.

Cornacchio states that there was a site visit on September 19th at 5:00 pm.

Rich Brennan submits the original registration for the wall when it was built in 1993.  He states that he won’t be able to start for about 3 weeks because he has to get the granite on site first.  He explains that he will get the first 2 courses (60 tons) on site and build the wall back up above the water line, and then get another 30 tons of smaller stones installed above the water line.

Cornacchio suggests Mr. Mackey as a resource for the granite.

Brennan agrees to notify the commission before he starts.

Pabich states that he could tuck the plywood near the interface between the grass and the wall.

Cornacchio opens to the public.  There are no questions or comments.

Voting members are Cornacchio, Blier, Hamilton, Glidden, and Pabich.

Pabich: Motion to close public hearing, seconded by Glidden.  Passes 5-0.

Duques reviews the special conditions, which are:
·       All of the equipment will be on site prior to the start of work.
·       During construction the applicant will protect the eel grass and the coastal bank by bracing the soil using plywood.
·       The applicant will complete all of the work during low tide.
·       Spill kits will be on site.
·       High strength concrete will be used on the wall.
·       All of the excavate will be hauled off site.
·       The applicant will remove the old loose steel from the site, and the rails can remain.

Glidden:        Motion to issue an order of conditions with the above special conditions, seconded by Hamilton.  Passes 5-0.

4.  Public Hearing – Request for Determination of Applicability – John Keenan, 6 Manning Street, Salem, MA 01970

Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss removal of overgrown vegetation and a dilapidated fence located within a Riverfront area at 68 Dearborn Street.

Engineer Scott Patrowicz states that there is a very old pool, a house and much overgrown vegetation and debris.  He adds that the deck was falling apart and was an emergency situation, so that has already been done with permission from the city, but he wishes to further clean up the yard.  He explains that he will install a temporary fence around the pool, and remove all of the overgrown vegetation and the dead trees.  Patrowicz say that there probably will be future work on this project, such as an addition, and they will file a separate NOI for this.

Glidden says that when they move the stuff on the bank they will probably find other stuff under it, and Patrowicz says that he hopes not but if so, he will first advise the commission.

Patrowicz says they would cut the stumps at the ground level, and leave them in the ground.

Duques states that much of this work is on the line because it is heavy landscaping work and it is riverfront, and the emergency work was approved so long as erosion controls were in place.

Patrowicz states that on the bank they could break open a hay bale and spread it and plant rye seed to hold the bank in place.

Duques states that the site looked good today and they are using all clean fill.  She recommends a -3 determination with conditions.

Cornacchio opens to the public.  There are no questions or comments.  Cornacchio reads a -3 determination.

Pabich states that it should be -2 with conditions and the members agree.

Pabich: Motion to close the public hearing, seconded by Hamilton.  Passes 6-0.

Pabich: Motion to issue a -3 determination with conditions, seconded by Hamilton.  Passes 6-0.

Duques reviews the conditions, which are:
·       Trees closest to the rear shall be removed without heavy equipment and shall be hauled off site.
·       Stumps shall be left in place.
·       Debris removed from the riverbank shall be done so by hand or as appropriate and properly disposed of.
·       All landscape clippings shall be stored outside of the buffer zone, at least 100 feet from the resource area.
·       Failure to comply with these conditions will result in the applicant having to file a Notice of Intent.


5.  Continuation of a Public Hearing – Notice of Intent – DEP #64-481 – Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970

Cornacchio continues this issue until the next meeting.

6.  Continuation of a Public Hearing – Notice of Intent – DEP #64-480 – John and Matt Guinta, 15 Wenham Street, Danvers, MA 01923

Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the abandonment of an existing septic system and construction of a new system located within the buffer zone to bordering vegetated wetlands at 117 Highland Avenue.

Cornacchio states that there was a site visit today at 4:30 pm.

Engineer Scott Patrowicz states that the wall is falling down and they will take it down.  He adds that they will make a path of the force main with a pump in the back through the driveway and hook into the city sewer, following existing conduits.  He confirms that if the sidewalk gets ruined in the process they will have to fix it.  He explains that he might need to get a Massachusetts Highway permit because it is in the right-of-way of a state highway.

Cornacchio states that the yard slopes to the resource area so hay bales and a silt fence will be required.

Pabich asks if it is open enough to put it on the other side and Patrowicz says that it is and theoretically the silt fence could have to go on the road side.

Patrowicz says that he may have to look in the field and see.  He adds that they might do the project in the end of the fall unless the owner finds a buyer, in which case money will be escrowed and the work will be done in the spring.

Cornacchio asks if there is a maintenance plan for the trash pump.

Patrowicz says they are hoping to install the 1.5 inch line on the property or into the city right-of-way.  He says that during construction they will cover the trash pump with iron plates at night.

Cornacchio opens to the public.  There are no question or comments.

Glidden:        Motion to close the public hearing, seconded by Christie.  Passes 6-0.

Pabich: Motion to issue an Order of Conditions, seconded by Glidden.  Passes 6-0.

Duques reviews the special conditions, which are:
·       Soil shall be stockpiled outside of the 100-foot buffer zone.
·       Spill kits shall be located on the equipment throughout the duration of the project.
·       If the sidewalk is damaged during construction applicant shall replace in kind.


7.  Public Hearing – Request for Determination of Applicability – Robert and Nancy Sawin, 20 Kosciusko Street, Salem, MA 01970

Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss replacement of rotted studs and corner post located within a buffer zone to a coastal bank at 20 Kosciusko Street.

Duques states that this is a fairly straightforward project and the type of work is out of the jurisdiction of the Commission.

Rober Sawin states that they need to replace rotted wood and he sees no insect damage.

Duques states that there is a catch basin.

Sawin says there is no dumpster on site, and the contractor will remove the rotted material immediately by pick-up truck.

The members agree to a -1 determination because the project is not in a wetland resource area and the activity is not in the Commission’s jurisdiction.

Glidden:        Motion to close the public hearing, seconded by Christie.  Passes 6-0.

Glidden:        Motion to issue a -1 determination, seconded by Blier.  Passes 6-0.

8.  Continuation of a Public Hearing – Notice of Intent – DEP #64-482 – City of Salem, 120 Washington Street, Salem, MA 01970

Cornacchio recuses himself from this issue and Pabich takes the chair.

Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the dredging, installation of piers and docks, and development of a terminal building within buffer zone of Coastal Bank at 10 Blaney Street.

Melissa Richard present the information, stating that they conducted the eel grass survey and the shell fish survey last week, and they found no eel grass, and found some soft shell clam shells and only 5 live clams at the furthest point out.  She explains the stormwater report, stating that the stormwater will be collected in the catch basins, then grit will be removed and then it moves to the oil/water separator, and then flows to the outflow pipe.  She adds that the city is working on getting the signature for the application.

Pabich clarifies that, at this point, they are looking for an Order of Conditions for the preliminary plan.

Ron Bourne states that he will return to the Commission once a contractor has been hired, and there will be at least three contractors (for dredging, for the marine structures, and for the building).

Pabich confirms that they will have to meet with each of the contractors to review their procedures prior to the start of work.  He states that the impact has the potential to be fairly minimal.

Frank Taormina with the City of Salem states that there will be a pile supported structure that will wrap around the entire site.  He explains that the city obtained a $1.3 million grant from The Seaport Council to finalize the information and to bring this project up to the start of the construction, and once this is finished they will come back to the Commission.  In terms of the signature, Taormina says that he understands if the Commission wishes to wait for it and they should have it by the next meeting.

Pabich suggests working on the conditions now so they can continue this until the next meeting.

Duques asks if there is some information about the technique for the dredging and the equipment that they will use.

Bourne states that it is regulated through the water quality certificate, which deals with the details on the process along with black-out periods for fish spawning.

Pabich states that if there is a 21E on the property that should be submitted to the Commission.

Pabich opens to the public.  There are no questions or comments.

Taormina suggests that the Commission require the preconstruction meeting be held at the regular public meeting.  As for the final plan, he suggests that this order be conditioned upon having the final plan approved by the Commission.

Duques agrees to write up the conditions for discussion at the next meeting.

Glidden:        Motion to continue this public hearing until October 23rd, seconded by Blier.  Passes 5-0.

Old/New Business

9.  Request for a Certificate of Compliance – DEP #64-346 – Salem State College – residence hall and outfall pipe project at 71 Loring Avenue, Salem, MA

Duques states that this is in the newest residence in the development, and they have removed the hay bales and silt fence, and they mapped out an access road, and they installed bird boxes, and the vegetation seems really healthy in that area.  She adds that she has a letter from a civil engineer, which certifies that everything is done to his approval.  She recommends that the commission issue a full Certificate of Compliance.

Hamilton:       Motion to issue a full Certificate of Compliance, seconded by Glidden.  Passes 6-0.

10.  Request for a Certificate of Compliance – DEP #64-382, 12 Almeda Street, Salem, MA

Cornacchio states that he and Duques inspected this property and everything on the site is in compliance with the plot plan.

Pabich: Motion to issue a Certificate of Compliance, seconded by Glidden.  Passes 6-0.

11.  Request for a Certificate of Compliance – DEP #64-445, South Essex Sewerage District, Harmony Grove Road, Salem, MA

Duques states that the silt fence and hay bales were removed, and she shows photos of the work that was completed.

Glidden:        Motion to issue a Certificate of Compliance, seconded by Pabich.  Passes 6-0.

12.  Discussion of the condition of Anderson’s Pond located off of Highland Avenue, behind Run-A-Muck Day Care

Duques says abutting residents have concern about this pond being taken over by algae blooms and she got a proposal from Aquatic Control Technologies, which states that it will cost $3000 to treat it, and this treatment will last 60-90 days.  She adds that the neighbors concern is that the water level has dropped over the years and they believe it is due to the growth of the algae.

Much discussion ensues regarding the feasibility of this treatment and possible lower-cost alternative treatments.  The members express reservations about spending $3000 on a treatment with will only lat 60-90 days.

Cornacchio suggests that Duques write to the neighbors and suggest they convert to organic lawn fertilizers.

Pabich suggests they look at the water to determine the source of the problem before deciding what can be done.

Duques agrees to look into this.

13.  Update on Halloween activities located within resource areas

Duques states that there will be another carnival on Derby Street this year, and last year they put up hay bales and a silt fence and spread gravel on the site.  She adds that they are not expected to spread more gravel this year, just cut back the excess vegetation.  They will keep two spill kits on site.

Glidden questions whether the people know how to use the spill kits.

Cornacchio states that the hay bales and silt fence creates an awareness that there is an issue there.

Pabich states that the site should be stabilized so they can use it whenever they want to use it.  He suggests they cover this with old/new business for next meeting.  He adds that Duques should write a letter to the property owner that they need to be sure the site is in compliance.

Duques states that in the meantime the carnival will be set up next week.

The members agree that the reinstallation of hay bales and silt fence will be appropriate.

Cornacchio suggests advising the carnival management that any hydraulic spill should be cleaned up immediately.

14.  Election of Officers

Cornacchio nominates David Pabich for Chair, seconded by Hamilton.  Passes 5-0.  Pabich recuses himself.

Cornacchio nominates Rebecca Christie for Vice-Chair, seconded by Glidden.  Passes 5-0.  Christie recuses herself.

..

Glidden:        Motion to adjourn, seconded by Hamilton.  Passes 5-0.  Cornacchio was not present to vote.

The meeting is adjourned at 7:55 PM.